EXPENSES PAID BY THE ADVISER. Section 3.1. Subject to the provisions of Section 3.2 hereof, the Adviser shall pay the following expenses relating to the management and operation of the funds: (a) All reasonable fees, charges, costs and expenses and all reasonable compensation of all officers and Trustees of the funds relating to the performance of their duties to the funds; provided, however, that the Adviser shall not pay any such amounts to any Outside Trustees (for purposes of this Agreement, an "Outside Trustee" is any Trustee of the Company who is not an "Interested Person," within the meaning of Section 2(a)(19) of the Investment Company Act of 1940, as amended (the "1940 Act")); and provided, further, that in the event that any person serving as an officer of the Company has both executive duties attendant to such office and administrative duties to the Company apart from such office, the Adviser shall not pay any amounts relating to the performance of such duties; (b) All costs of office equipment and personnel necessary for and allocable to the performance of the obligations of the Adviser hereunder. Section 3.2. Except as provided in this Section, nothing contained in this Agreement shall be deemed or construed to impose upon the Adviser any obligation to incur, pay, or reimburse the funds for any other costs of or relating to the funds.
Appears in 5 contracts
Samples: Investment Advisory and Management Agreement (First Defined Sector Fund), Investment Advisory and Management Agreement (First Defined Portfolio Management Fund LLC), Investment Advisory and Management Agreement (First Defined Sector Fund)
EXPENSES PAID BY THE ADVISER. Section 3.1. 3.1 Subject to the provisions of Section 3.2 hereof, the Adviser shall pay the following expenses relating to the management and operation of the fundsFund:
(a) All reasonable fees, charges, costs and expenses (collectively, "Costs") and all reasonable compensation of all officers and Trustees trustees of the funds Fund relating to the performance of their duties to the fundsFund; provided, however, that the Adviser shall not pay any such amounts to any Outside Trustees (for purposes of this Agreement, an "Outside Trustee" is any Trustee trustee of the Company Fund who is not an "Interested Person," within the meaning of Section 2(a)(19) of the Investment Company Act of 1940, as amended (the "1940 Act")); and provided, further, that in the event that any person serving as an officer of the Company Fund has both executive duties attendant to such office and administrative duties to the Company Fund apart from such office, the Adviser shall not pay any amounts relating to the performance of such administrative duties;
(b) All costs Costs of office equipment and personnel necessary for and allocable to the performance of the obligations of the Adviser hereunder.
Section 3.2. 3.2 Except as provided in this SectionSection 3 hereof, nothing contained in this Agreement shall be deemed or construed to impose upon the Adviser any obligation to incur, pay, or reimburse the funds Fund for any other costs Costs of or relating to the fundsFund.
Appears in 5 contracts
Samples: Investment Advisory Agreement (Third Avenue Value Fund Inc), Investment Advisory Agreement (Third Avenue Trust), Investment Advisory Agreement (Third Avenue Value Fund Inc)
EXPENSES PAID BY THE ADVISER. Section 3.1. Subject to the provisions of Section 3.2 hereof, the Adviser shall pay the following expenses relating to the management and operation of the fundsFunds:
(a) All reasonable fees, charges, costs and expenses and all reasonable compensation of all officers and Trustees of the funds Funds relating to the performance of their duties to the fundsFunds; provided, however, that the Adviser shall not pay any such amounts to any Outside Trustees (for purposes of this Agreement, an "Outside Trustee" is any Trustee of the Company who is not an "Interested Person," within the meaning of Section 2(a)(19) of the Investment Company Act of 1940, as amended (the "1940 Act")); and provided, further, that in the event that any person serving as an officer of the Company has both executive duties attendant to such office and administrative duties to the Company apart from such office, the Adviser shall not pay any amounts relating to the performance of such duties;
(b) All costs of office equipment and personnel necessary for and allocable to the performance of the obligations of the Adviser hereunder.
Section 3.2. Except as provided in this Section, nothing contained in this Agreement shall be deemed or construed to impose upon the Adviser any obligation to incur, pay, or reimburse the funds Funds for any other costs of or relating to the fundsFunds.
Appears in 3 contracts
Samples: Investment Advisory and Management Agreement (First Defined Portfolio Fund LLC), Interim Investment Advisory and Management Agreement (First Defined Portfolio Fund LLC), Investment Advisory and Management Agreement (First Defined Portfolio Fund LLC)